Okla. Stat. tit. 47, § 47-11-1401.2

Definitions - Imposition of toll evasion violation penalties.

A. For purposes of this section:

1. "Authority" means the Oklahoma Turnpike Authority;

2. "Department" means the Department of Public Safety;

3. "Electronic toll collection system" means a system of

collecting tolls or charges which is capable of charging an account

holder the appropriate toll or charge by transmission of information

from an electronic device on a motor vehicle to the toll lane, which

information is used to charge the account the appropriate toll or

charge;

4. "Owner" means any person, corporation, partnership, firm,

agency, association, or organization who, at the time of the

violation and with respect to the vehicle identified in the notice

of toll evasion violation:

a. is the beneficial or equitable owner of the vehicle,

b. has title to the vehicle,

c. is the registrant or coregistrant of the vehicle which

is registered with Service Oklahoma or a similar

registering agency of any other state, territory,

district, province, nation or other jurisdiction,

d. uses the vehicle in its vehicle renting businesses, or

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e. is a person entitled to the use and possession of a

vehicle subject to a security interest in another

person;

5. "Photo-monitoring system" means a vehicle sensor installed

to work in conjunction with a toll collection facility which

automatically produces one or more photographs, one or more

microphotographs, a videotape or other recorded images of each

vehicle at the time it is used or operated on the turnpikes under

the Authority's jurisdiction;

6. "Toll collection regulations" means those rules and

regulations of the Oklahoma Turnpike Authority or statutes providing

for and requiring the payment of tolls and/or charges prescribed by

the Authority for the use of turnpikes under its jurisdiction or

those rules and regulations of the Authority or statutes making it

unlawful to refuse to pay or to evade or to attempt to evade the

payment of all or part of any toll and/or charge for the use of

turnpikes under the jurisdiction of the Authority;

7. "Toll evasion violation" means a failure to comply with the

Authority's toll collection regulations, including the failure to

pay an invoice submitted by the Authority via its video toll

collection system;

8. "Vehicle" means every device in, upon or by which a person

or property is or may be transported or drawn upon a highway, except

devices used exclusively upon stationary rails or tracks;

9. "Video toll collection system" means a photo-monitoring

system used to charge and collect tolls from owners of vehicles

imaged using the turnpike system. The owner of a vehicle imaged by

the photo-monitoring system may or may not be an Authority account

holder; and

10. "Video toll collection system account" means the

administrative assignment of all vehicles registered to an owner to

an account for efficient billing of the appropriate toll or charge

to an owner.

B. 1. Notwithstanding any other provision of law, there shall

be imposed monetary liability on the owner of a vehicle for failure

of an operator thereof to comply with the toll collection

regulations of the Oklahoma Turnpike Authority in accordance with

the provisions of this section.

2. An owner's vehicle shall be registered with Service Oklahoma

or a similar registering agency of this state or any other state,

territory, district, province, nation or other jurisdiction that

permits access to owner registration information upon request by or

agreement with the Authority for the purpose of carrying out the

Authority's governmental functions. If a registering agency does

not permit access to the Authority, an owner may comply by direct

registration with the Authority.

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3. a. The owner of a vehicle shall be liable for a civil

penalty imposed pursuant to this section if the
by or

agreement with the Authority for the purpose of carrying out the

Authority's governmental functions. If a registering agency does

not permit access to the Authority, an owner may comply by direct

registration with the Authority.

Oklahoma Statutes - Title 47. Motor Vehicles Page 589

3. a. The owner of a vehicle shall be liable for a civil

penalty imposed pursuant to this section if the

vehicle was used or operated with the permission of

the owner, express or implied, in violation of the

toll collection regulations, and such violation is

evidenced by information obtained from a photo-

monitoring system.

b. No owner of a vehicle shall be liable for a penalty

imposed pursuant to this section where the operator of

the vehicle has been convicted of failing to pay a

cash toll, in violation of toll collection

regulations, for the same incident.

c. An owner or operator of a vehicle is subject to a

charge by the Department or other law enforcement

agency for an owner's failure to timely pay an invoice

for tolls and/or charges submitted by the Authority

through its video toll collection system.

4. A certificate, sworn to or affirmed by an agent of the

Authority, or facsimile thereof, based upon inspection of

photographs, microphotographs, videotape or other recorded images

produced by a photo-monitoring system shall be prima facie evidence

of the facts contained therein and shall be admissible in any

proceeding charging a violation of toll collection regulations. The

photographs, microphotographs, videotape or other recorded images

evidencing such a violation shall be available for inspection and

admission into evidence in any proceeding to adjudicate the

liability for the violation. Each photo-monitoring system shall be

checked bimonthly for accuracy, and shall be maintained, adjusted or

replaced if necessary to ensure the systems are operating properly.

5. An owner found liable for a violation of toll collection

regulations pursuant to this section shall be liable for a monetary

penalty of Twenty-five Dollars ($25.00) for each violation.

Liability for this monetary penalty does not abrogate an owner's

obligation to pay toll charges associated with the violation, and

the Authority may pursue collection of such unpaid toll charges

pursuant to this section.

6. An imposition of liability pursuant to this section shall be

based upon a preponderance of evidence as submitted. An imposition

of liability pursuant to this section shall not be deemed a

conviction as an operator and shall not be made part of the motor

vehicle operating record of the person upon whom such liability is

imposed nor shall it be used for insurance purposes in the provision

of motor vehicle insurance coverage.

7. a. A notice of toll evasion violation shall be sent by

regular first-class mail to each person alleged to be

liable as an owner for a violation of toll collection

regulations. The notice shall be mailed no later than

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forty-five (45) days after the alleged violation. A

manual or automatic record of mailing prepared in the

ordinary course of business shall be prima facie

evidence of the receipt of the notice.

b. A notice of toll evasion violation shall contain the

name and address of the person alleged to be liable as

an owner for a violation of toll collection

regulations pursuant to this section, the registration

or the license tag number of the vehicle involved in

the violation, the location where the photo-monitoring

system recorded the vehicle's image, the date and time

of the image, the identification number of the photo-

monitoring system which recorded the image or other

document locator number and the nature of the

violation.

c. Notice of toll evasion violation shall be prepared and

mailed by the Authority or its agents and shall

contain information advising the person of the
the photo-monitoring

system recorded the vehicle's image, the date and time

of the image, the identification number of the photo-

monitoring system which recorded the image or other

document locator number and the nature of the

violation.

c. Notice of toll evasion violation shall be prepared and

mailed by the Authority or its agents and shall

contain information advising the person of the

applicable monetary penalty and method of payment

thereof and the manner and the time in which the

person may contest the liability alleged in the

notice. The notice of toll evasion violation shall

contain, or be accompanied with, an affidavit of

nonliability and information of what constitutes

nonliability, information as to the effect of

executing the affidavit and instructions for returning

the affidavit to the Authority and shall also contain

a warning to advise the persons charged that failure

to contest in the manner and time provided shall be

deemed an admission of liability and that the penalty

shall be imposed and may be collected as authorized by

law. In addition to the notice required by

subparagraph a of this paragraph, the Authority may

elect to send a subsequent notice of toll evasion

violation by certified mail or other comparable form

of private or public delivery service. Such notice

shall contain a statement to the registered owner

that, unless the registered owner pays the toll

evasion penalty or contests the notice within twenty-

one (21) days after receipt of the certified mail

notice of toll evasion violation or completes and

files the affidavit of nonliability, the renewal of

the vehicle registration shall be contingent upon

compliance with the notice of toll evasion violation.

d. If the toll evasion penalty is received by the

Authority and there is no contest as to that toll

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evasion violation, the proceedings under this section

shall terminate.

e. If the registered owner fails to pay the toll evasion

penalty as required in this section, or fails to

contest the notice of toll evasion violation issued

pursuant to subparagraph c of this paragraph as

provided in subparagraph a of paragraph 8 of this

subsection, the registered owner shall be deemed

liable for the violation by operation of law. The

toll evasion penalty and any administrative fees or

charges shall be considered a debt due and owing the

Authority by the registered owner and the Authority

may proceed to collect such penalty, fees or charges

under paragraph 10 of this subsection.

8. a. Within twenty-one (21) days after receipt of a notice

of toll evasion violation a person may contest a

notice of toll evasion violation. In that case, the

Authority shall do the following:

(1) the Authority shall investigate the circumstances

of the notice with respect to the contestant's

written explanation of reasons for contesting the

toll evasion violation. If, based upon the

results of the investigation, the Authority is

satisfied that the violation did not occur or

that the registered owner was not responsible for

the violation, the Authority shall maintain an

adequate record of the findings of the

investigation. Within thirty (30) days of

receipt of a notice of contest the Authority

shall complete such investigation and mail the

results of the investigation to the person who

contested the notice of toll evasion violation,

and

(2) if the person contesting a notice of toll evasion

violation is not satisfied with the results of

the investigation provided for in division (1) of

this subparagraph, the person may, within fifteen
receipt of a notice of contest the Authority

shall complete such investigation and mail the

results of the investigation to the person who

contested the notice of toll evasion violation,

and

(2) if the person contesting a notice of toll evasion

violation is not satisfied with the results of

the investigation provided for in division (1) of

this subparagraph, the person may, within fifteen

(15) days of the mailing of the results of the

investigation, deposit the amount of the toll

evasion penalty and request an administrative

review. An administrative review shall be held

within ninety (90) calendar days following the

receipt of a request for an administrative

review, excluding any continuance time. The

person requesting the review may request and

shall be allowed one continuance, not to exceed

twenty-one (21) calendar days.

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b. The administrative review procedure shall consist of

the following:

(1) the person requesting an administrative review

shall indicate to the Authority his or her

election for a review by mail or personal

conference and may provide materials in support

of the contest of the results of the

investigation,

(2) upon ten (10) days' written notice mailed to the

contestant, the administrative review shall be

conducted before an examiner designated to

conduct review by the Authority's governing body

or Director of the Oklahoma Turnpike Authority.

In addition to any other requirements of

employment, an examiner shall demonstrate those

qualifications, training, and objectivity

prescribed by the Authority's governing body or

Director as are necessary and which are

consistent with the duties and responsibilities

set forth in this section and Section 11-1401.1

et seq. of this title,

(3) the officer or person authorized to issue a

notice of toll evasion violation shall be

required to participate in an administrative

review. The Authority shall not be required to

produce any evidence other than the notice of

toll evasion violation or copy thereof, a

photograph of the rear of the vehicle,

information received from Service Oklahoma

identifying the registered owner of the vehicle,

and a notarized statement from the person

reporting the violations. The documentation in

proper form shall be considered prima facie

evidence of the violation, and

(4) the review shall be conducted in accordance with

paragraph 6 of this subsection and in accordance

with the written procedure established by the

Authority which shall ensure fair and impartial

review of contested toll evasion violations. The

examiner's final decision shall be in writing and

shall be delivered personally or by registered

mail to the contestant within ten (10) days of

the review. A manual or automatic record of

mailing prepared in the ordinary course of

business shall be prima facie evidence of the

receipt of such decision.

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9. a. Within twenty (20) days after receipt of the final

decision described in division (4) of subparagraph b

of paragraph 8 of this subsection, the contestant may

seek review by filing an appeal to the district court

having jurisdiction in the county in which the

contestant lives, where the same shall be heard on the

record. A copy of the notice of appeal shall be

served in person or by first-class mail upon the

Authority by the contestants. For purposes of

computing the twenty-day period, the Code of Civil

Procedure, Section 2006 of Title 12 of the Oklahoma

Statutes, shall be applicable.

b. The conduct of the hearing on appeal under this

section is a subordinate judicial duty which may be

performed by referees, masters or other subordinate

judicial officials at the direction of the district

court.

c. If no notice of appeal of the Authority's decision is

filed within the period set forth in subparagraph a of
on 2006 of Title 12 of the Oklahoma

Statutes, shall be applicable.

b. The conduct of the hearing on appeal under this

section is a subordinate judicial duty which may be

performed by referees, masters or other subordinate

judicial officials at the direction of the district

court.

c. If no notice of appeal of the Authority's decision is

filed within the period set forth in subparagraph a of

this paragraph, the examiner's decision shall be

deemed final.

10. Except as otherwise provided in paragraphs 11 and 12 of

this subsection, the Authority shall proceed under one or more of

the following options to collect an unpaid toll evasion penalty:

a. the Authority may file an itemization of unpaid toll

evasion penalties and administrative and service fees

with the Commission for collection at the time of

registration of the vehicle pursuant to paragraph 19

of this subsection, or

b. the Authority may contract with a collection agency to

collect unpaid toll evasion penalties, fees, and

charges.

11. The Authority shall not file a civil judgment with the

district court relating to a toll evasion violation which has been

filed with Service Oklahoma unless the Authority has determined that

the registration of the vehicle has not been renewed for sixty (60)

days beyond the renewal date and the notice has not been mailed by

Service Oklahoma pursuant to paragraph 19 of this subsection.

12. If an owner receives a notice of toll evasion violation

pursuant to this paragraph for any time period during which the

vehicle was reported to the police department as having been stolen,

it shall be a valid defense to an allegation of liability for a

violation of toll collection regulations that the vehicle had been

reported to the police as stolen prior to the time the violation

occurred and had not been recovered by such time. If an owner

receives a notice of toll evasion violation pursuant to this

paragraph for any time period during which the vehicle was stolen,

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but not yet reported to the police as having been stolen, it shall

be a valid defense to an allegation of liability for a violation of

toll collection regulations pursuant to this paragraph that the

vehicle was reported as stolen within two (2) hours after the

discovery of the theft by the owner. For purposes of asserting the

defense provided by this subsection it shall be sufficient that a

certified copy of the police report of the stolen vehicle be sent by

first-class mail to the Authority and the district court having

jurisdiction.

13. Subject to the review procedures contained in paragraph 8

of this subsection, an owner of a vehicle to which a notice of toll

evasion violation was issued pursuant to paragraph 7 of this

subsection shall not be liable for the violation of the toll

collection regulations provided that the owner sends to the

Authority the affidavit of nonliability described in paragraph 7 of

this subsection, within twenty-one (21) days after receiving the

original notice of toll evasion violation. Failure to send such

information within the time period shall render the owner liable for

the penalty prescribed by this section.

14. In connection with the preparation and mailing of a notice

of toll evasion violation, the Authority shall ensure adequate and

timely notice to all video toll collection system and electronic

toll collection system account holders to inform them when their

accounts are delinquent. An owner who is an account holder under

the video toll collection system or electronic toll collection

system shall not be found liable for a violation of this section

unless the Authority has first sent a notice of delinquency to the

account holder and the account holder was in fact delinquent at the

time of the violation.

15. Nothing in this section shall be construed to limit the

liability of an operator of a vehicle for any violation of toll
collection system or electronic toll collection

system shall not be found liable for a violation of this section

unless the Authority has first sent a notice of delinquency to the

account holder and the account holder was in fact delinquent at the

time of the violation.

15. Nothing in this section shall be construed to limit the

liability of an operator of a vehicle for any violation of toll

collection laws or regulations.

16. Notwithstanding any other provision of law, all

photographs, microphotographs, videotape or other recorded images

prepared pursuant to this section shall be for the exclusive use of

the Authority in the discharge of its duties under this section and

shall not be open to the public nor be used in any court in any

action or proceeding pending therein unless the action or proceeding

relates to:

a. the imposition of or indemnification for liability

pursuant to this section, or

b. an investigation or prosecution for a criminal

violation of the laws of the State of Oklahoma. Such

records shall be available to a law enforcement

officer or law enforcement agency for law enforcement

purposes related to an investigation or prosecution of

a criminal violation of the laws of the State of

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Oklahoma pursuant to a duly issued search warrant,

subpoena, or order of the court requiring such

disclosure to a law enforcement officer or agency.

17. The Authority shall not sell, distribute or make available

in any way, the names and addresses of video toll collection system

and electronic toll collection system account holders or Authority

patrons, without the consent of the account holders or patrons, to

any entity that will use the information for any commercial purpose.

18. a. Except as provided in subparagraph c of this

paragraph, Service Oklahoma shall refuse to renew the

registration of any vehicle if the registered owner or

lessee has been mailed by certified mail a notice of

toll evasion violation as provided in subparagraph c

of paragraph 7 of this subsection, the Authority has

transmitted to Service Oklahoma an itemization of

unpaid toll evasion penalties, including

administrative fees, pursuant to paragraph 10 of this

subsection, and the toll evasion penalty and

administrative fee have not been paid pursuant to

paragraph 9 of this subsection, unless the full amount

of all outstanding toll evasion penalties and

administrative fees, as shown by records of Service

Oklahoma are paid to Service Oklahoma at the time of

application for renewal.

b. The Authority shall issue a notice of disposition of

toll evasion violation to a lessor, if the lessor

provides the Authority with the name, address, and

driver license number of the lessee at the time of the

occurrence of the toll evasion violation.

c. Service Oklahoma shall renew the registration of any

vehicle if the applicant provides Service Oklahoma

with the notice of disposition of toll evasion

violation issued pursuant to subparagraph b of this

paragraph for clearing all outstanding toll evasion

penalties, fees and assessments, as shown by the

records of Service Oklahoma, and the applicant has met

all other requirements for registration.

19. Service Oklahoma shall include on each vehicle registration

renewal notice issued for use at the time of renewal, or on an

accompanying document, an itemization of unpaid toll evasion

penalties, fees and assessments, showing the amount thereof and the

date of toll evasion relating thereto, which the registered owner or

lessee is required to pay pursuant to paragraph 18 of this

subsection.

20. a. Except as provided in subparagraph b of this

paragraph, Service Oklahoma shall remit all toll

evasion penalties, fees and assessments collected,

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after deducting the administrative fee authorized by

paragraph 21 of this subsection, for each notice of
d owner or

lessee is required to pay pursuant to paragraph 18 of this

subsection.

20. a. Except as provided in subparagraph b of this

paragraph, Service Oklahoma shall remit all toll

evasion penalties, fees and assessments collected,

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after deducting the administrative fee authorized by

paragraph 21 of this subsection, for each notice of

toll evasion violation for which toll evasion

penalties, fees and assessments have been collected

pursuant to paragraph 18 of this subsection, to the

Authority. Within forty-five (45) days from the time

penalties, fees and assessments are paid to Service

Oklahoma, Service Oklahoma shall inform the Authority

which of its notices of toll evasion violation have

been collected.

b. For each notice of toll evasion violation for which

toll evasion penalties, fees and assessments have been

collected by Service Oklahoma pursuant to paragraph 17

of this subsection, the Authority is due an amount

equal to the sum of the unpaid toll, administrative

fees, other costs incurred by the Authority that are

related to toll evasion, process service fees, and

fees and collection costs related to civil debt

collection. After deducting Service Oklahoma's

administrative fee authorized by paragraph 21 of this

subsection, Service Oklahoma shall promptly pay to the

Authority the amounts due the Authority for unpaid

tolls, administrative fees, other costs incurred by

the Authority that are related to toll evasion,

process service fees, and fees and collection costs

related to civil debt collection.

21. Service Oklahoma shall assess a fee for the recording of

the notice of toll evasion violation, which is given to Service

Oklahoma pursuant to paragraph 10 of this subsection, in an amount,

as determined by Service Oklahoma, that is sufficient to provide a

total amount equal to at least its actual costs of administering

paragraphs 18, 19 and 22 of this subsection.

22. Whenever a vehicle is transferred or not renewed for two

renewal periods and the former registered owner or lessee of the

vehicle owes a toll evasion penalty and administrative fees for a

notice of toll evasion violation filed with Service Oklahoma

pursuant to paragraph 10 of this subsection, Service Oklahoma shall

notify the Authority of that fact and is not required thereafter to

attempt collection of the toll evasion penalty and administrative

fees.

This legislation shall not be construed to affect in any way the

power which the Oklahoma Turnpike Authority possesses to establish

tolls and other charges in connection with their turnpike

facilities, including the authority to establish a one-way toll

collection system for any of its facilities or a toll discount

structure for certain classes of patrons using any of its

facilities.

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